Rizwan @ Arif Noorl Huq Shaikh vs The State Of Maharashtra
2022 Latest Caselaw 10968 Bom

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL APPEAL NO. 1401 OF 2018

                       Rizwan @ Arif Noorl Haq Shaikh                         ..Appellant
                            Versus
                       The State of Maharashtra                               ..Respondent

                                                   __________
                       Mr. Niranjan Kondyala i/b. Shaikh Shafi Ahmed for Appellant.
                       Smt. M. R. Tidke, APP for State/Respondent No.1.
                                                   __________

                                                 CORAM : SARANG V. KOTWAL, J.

DATE : 18th OCTOBER 2022 PC :

1. The Appellant is in jail for a long time. The Appeal could

not be taken up for final hearing because the victim and another

person to whom compensation was awarded under the impugned

Judgment and order were neither made parties nor served. Now

the victim's mother is made a party but her whereabouts are not

known as per report of the Senior Inspector of Police, Wadala TT

police station. The report of the police officer regarding non

availability of the first informant is taken on record and marked 'X'

for identification. Since the Appellant is in jail, the Appeal cannot

be deferred indefinitely. It has to be decided at the earliest.

          Digitally
          signed by
          VINOD
VINOD     BHASKAR
BHASKAR   GOKHALE
GOKHALE   Date:
          2022.10.19
          13:10:14
          +0530         Gokhale
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Therefore, learned APP submits that, a legal aid counsel be

appointed to represent the parties to whom the compensation is

awarded. In my opinion, that would be the proper approach.

2. The Legal Services Authority of this Court is requested to

appoint a suitable advocate from their panel to represent the

parties to whom compensation is awarded. After such appointment

is made, the office shall handover all necessary papers to the

appointed advocate.

3. Add this Appeal to the weekly final hearing board

commencing from 05/12/2022.

(SARANG V. KOTWAL, J.)